T11645
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Municipal, Administrative, Clerical and Services Union and Asia Pacific Management Group Pty Ltd ABN 81 069 759 851
Industrial dispute - alleged unfair termination of employment - breach of award - severance pay - order issued. REASONS FOR DECISION [1] On 6 August 2004, the Australian Municipal, Administrative, Clerical and Services Union applied to the President, pursuant to s.29(1) of the Industrial Relations Act 1984 ("the Act") for a hearing before a Commissioner in respect of an industrial dispute with Asia Pacific Management Group Pty Ltd ("the company") arising out of alleged unfair termination of employment of Ms Adelle Stonehouse, severance pay in respect of termination of employment as a result of redundancy and the alleged breach of an award or a registered agreement. [2] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Wednesday 15 September 2004. Mr I Paterson appeared for the applicant and Ms T Badenach sought and was granted leave to appear for the respondent. The hearing was continued on Monday 27 September 2004. [3] The claim for alleged unfair dismissal was not pursued. [4] Asia Pacific Management Group employed Mrs Adelle Stonehouse in an administrative capacity, including the responsibility for rostering, invoicing and payments. The nature of the business was the supply of meals prepared by restaurants, which were picked up and delivered to the company's customers. [5] Mrs Stonehouse worked at least four shifts per week from December 2001 to July 2003, then there was a break in employment; she then resumed work in January 2004. Her last day of employment was 23 July 2004, although there had been no formal notice of termination of employment. [6] Mrs Stonehouse should have been paid according to the adult entry rate of the Clerical and Administrative Employees (Private Sector) Award. She was paid $5.00 per hour for all of the hours that she worked, plus an occasional bonus of $10 when takings were in excess of $400 in a night. [7] Ms Badenach informed the Commission that the company was without funds and that it had been advised to cease trading. [8] The company did not deny that there had been a breach of the award. [9] Mr Paterson provided a statement of agreed facts, and a schedule setting out in detail the claim for underpayment of wages.1 He detailed the method he had used to arrive at the claimed figure, saying that he believed it to be an accurate reflection of the monies owed to Mrs Stonehouse. [10] Ms Badenach said that the company accepted both the statement of agreed facts and the wages calculations. [11] I am satisfied that the amount set out in Exhibit A2 is the amount owed to Mrs Stonehouse under the terms of the award, and make the following order in settlement of the dispute: ORDER I hereby Order, pursuant to s.31 of the Industrial Relations Act 1984, in full and final settlement of the matter referred to in T11645 of 2004, that Asia Pacific Management Group Pty Ltd ABN 81 069 759 851 pay to Ms Adelle Stonehouse the sum of Twenty Two Thousand Nine Hundred and Eleven Dollars and Seventy Two Cents by close of business on 25 October 2004.
P C Shelley Appearances: Date and place of hearing: 1 Exhibit A2 |